Claims Against Pesticide Company To Proceed To Trial for Allegedly Causing Explosion in North Carolina Peanut Plant
Posted on Mar 17, 2014 in Construction | Comments Off on Claims Against Pesticide Company To Proceed To Trial for Allegedly Causing Explosion in North Carolina Peanut Plant
The U.S. District Court for the Eastern District of North Carolina denied summary judgment to a company accused of improperly applying the pesticide Fumitoxin when fumigating a peanut storage dome. The bulk of the case that alleges $20 million in damages as the result of an explosion several days after the application of the pesticide will proceed to trial.
Training Workers To Work Safely with Hazardous and Corrosive Chemicals Is Critical
Posted on Mar 12, 2014 in Construction, OSHA | Comments Off on Training Workers To Work Safely with Hazardous and Corrosive Chemicals Is Critical
OSHA has proposed cumulative penalties of $264,360 to a food manufacturing company and the maintenance and temporary staffing companies it contracts with for failure to provide adequate training for employees to work safely with the ammonia used in refrigeration in violation of OSHA’s Process Safety Management Standard. Among the citations, the company was cited for failure to ensure...
Parent Company’s Liability in Tort for Injury to Worker of Subsidiary Goes to Louisiana Jury
Posted on Mar 11, 2014 in Construction, Energy/Environmental, Litigation | Comments Off on Parent Company’s Liability in Tort for Injury to Worker of Subsidiary Goes to Louisiana Jury
The estate of a senior welder killed in the construction of a large winch in Houma, Louisiana brought suit for negligence against the parent company of the worker’s employer for “failing to adequately manage, supervise, and direct their subsidiary in the performance of its operations and/or implement corporate safety policies.” The U.S. District Court for the Eastern District of...
ALJ Finds Federal Mine Safety And Health Commission Has Authority To Review Validity of Safeguards Even Where No Citation Has Been Issued
Posted on Mar 4, 2014 in Construction, Litigation | Comments Off on ALJ Finds Federal Mine Safety And Health Commission Has Authority To Review Validity of Safeguards Even Where No Citation Has Been Issued
An ALJ for the Federal Mine Safety and Health Review Commission held that the Commission has the authority to review MSHA safeguards prior to the issuance of citations or orders. The ALJ, ruling on a motion to dismiss a coal company’s notice of contest to a MSHA safeguard, found that the Mine Act granted the Commission implied authority to determine the validity of a safeguard even if...
Sixth Circuit Affirms Decision Requiring Coal Mine Operator To Revise Ventilation Plan
Posted on Mar 3, 2014 in Construction | Comments Off on Sixth Circuit Affirms Decision Requiring Coal Mine Operator To Revise Ventilation Plan
The Sixth Circuit affirmed an ALJ’s decision to uphold a Federal Mine Safety and Health Administration directive to an underground coal mine operator to revise its ventilation plan in response to a 2010 ignition. The ignition occurred at the face of a mine while a continuous mining machine was cutting coal. One of the machine’s bits made contact with a hard rock, causing a spark that...
Sixth Circuit Affirms Summary Judgment for Manufacturer of Custom Overhead-Gantry Milling Machine
Posted on Mar 3, 2014 in Construction, Investigations, Product Liability | Comments Off on Sixth Circuit Affirms Summary Judgment for Manufacturer of Custom Overhead-Gantry Milling Machine
The Sixth Circuit affirmed summary judgment in favor of a manufacturer of a custom overhead-gantry milling machine that caused the death of a worker at a Michigan machining company. The worker’s estate brought suit against the manufacturer alleging negligent design and failure to warn after the machine’s cutting tool killed the worker. Prior to the lawsuit, the accident was...
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